STATE ELECTION COMMISSION, HIMACHAL PRADESH SHIMLA ELECTION REPORT 2015-2016 CONTENTS I INTRODUCTION …………………………......................................... II LOCAL SELF GOVERNMENT IN HIMACHAL PRADESH………… III HIMACHAL PRADESH STATE ELECTION COMMISSION………… IV OFFICE ADMINISTRATION…………………………………………... V PREVIOUS GENERAL ELECTIONS TO PRIs AND ULBs…………... VI ELECTION OFFICIALS ..................................................................... VII NEWLY CONSTITUTED LOCAL SELF GOVT. INSTITUTES…....... VIII GENERAL ELECTIONS 2015 .......................................................... IX ELECTION RESULTS ...................................................................... Chapter :1 INTRODUCTION India is comprised of myriads of tinny democracies in villages endearingly known as Gram Panchayats. They have been in existence since ages and perhaps are the oldest democracies of Indian Sub-continent. However, they assumed special significance in modern India when 73rd/74th Constitutional amendments were enacted. These legislations not only empowered them but also widened their dimensions of functioning. These days they are intensively and extensively involved in grass root planning, development and decision making. Credit goes to Britishers to institutionalize the local-self governance in 1869 when District Local Fund in Bombay was created. Subsequently Lord Ripon established Local Self Governments in the year 1882 by constituting District Local Boards and Councils in Maharashtra and Vidarbh. Panchayats were first constituted as elected bodies by enactment of Bombay Village Panchayat Act, 1920. Under the Act, adult male villagers used to elect members. After independence, efforts were made to institutionalise the system of Local Self Governments in India. A number of laws were enacted after re-organization of States. Attempts were also made in 1958 to introduce new ways of settling disputes quickly and expeditiously via Lok Adalats. However, the Panchayati Raj System did not prove very effective until 1992 when 73rd/74th constitutional amendment were enacted which provided for devolution of powers and brought responsibilities of the Panchayats for preparation of economic development plan and social justice, as well as for implementation in relation to 29 subjects listed in 11th Schedule of the Constitution. (Piar Chand Akela) Secretary State Election Commission Himachal Pradesh Chapter:2 LOCAL SELF GOVERNANCE IN HIMACHAL PRADESH: Panchayati Raj system in Himachal Pradesh was established in 1954 under the provisions of HP Panchayati Raj Act, 1952. Prior to formation of Himachal Pradesh, there was no regular Panchayat System under any legislation in any of the States. However, beginning was made in the year 1949 by enforcing Punjab Village Panchayat Act of 1939 in Himachal. As a result 132 Panchayats were established in the state. This Act remained enforced till 31st July, 1953. In the areas forming Bilaspur District, Sirmour, Lahaul Spiti, Kullu, Kangra etc. some regularly established form of Panchayati Raj was in operation even before 1949. Similarly in Sirmour State, before independence, the Punjab Panchayati Raj Act, 1939 was already in force. In Bilaspur State (erstwhile a princely state) between 1947 to 1954, there were Halqua and Pargana (a block level unit of administration) councils having a Pradhan and Up-Pradhan and a Secretary. The Pargana councils more or less performed those very functions which are now-a-days being performed by the Panchayat Samitis. The Pargana councils hardly functioned for about one year and thereafter the Punjab Panchayat Act, 1939 was extended to Bilaspur State (1950). Before independence, other than the princely States of Bilaspur and Sirmour, Lahaul Spiti had Panchayats. In the princely State of Sirmour, these Panchayats were already working. In any case, in many areas of present Himachal Pradesh, traditional Panchayats were in operation. In some, the Punjab Village Panchayat Act of 1939 had already been introduced and Panchayats were successfully functioning. The Punjab Village Panchayat Act of 1939 was the first statute in some areas of present Himachal Pradesh, which established the strong foundations of Panchayati Raj when in 1952, the state passed its own Panchayati Raj legislation. The Punjab Village Panchayat Act, 1939 remained in force till 31st July, 1953. With a view to bring working of Panchayats in accord with the local conditions and growing aspirations of the people for democratization at the village level, the Himachal Pradesh Panchayati Raj Act was passed in 1952 by the Himachal Pradesh Vidhan Sabha. Gram Panchayats in Himachal Pradesh were established in the year 1952 for the first time, in a regular fashion under Himachal Pradesh Panchayati Raj Act, 1952. At the same time, at block level, Block Development Advisory Committee were established. The system of Panchayat Raj as established in Himachal Pradesh contained most of the progressive measures which have now become the demand of the day under the slogan „Decentralized Democracy‟. The Village Panchayats have been recognized as the basic and real unit of village administration. The three- tier system envisaged by Balwant Rai Mehta Committee has already been provided in the Panchayat system of this Pradesh. The village Panchayat, the Tehsil Panchayat and the Zila Panchayat were the names now given to Village Panchayat, Block Panchayat and Zila Parishad under the new pattern of democratic decentralization advocated by Balwant Rai Mehta Committee. Himachal took bold step to provide reservation of seats for women, scheduled caste and scheduled tribes on the principle of adult suffrage before most of the progressive states took this decision. The principle of the separation of the executive from judiciary has been fully established under the Himachal Pradesh Panchayat Raj Act and a separate organization of Nyaya Panchayats has been formed. In 1956 the principal Act was amended and some important provisions, namely constitution of Samjhauta Samitis, reduction in number of Gram Panchayat members and selection of Panches in place of nomination were made. The first term of the Gram Panchayats expired in the year 1957. The second elections to the village Panchayats were held during the year 1957-58, and as a result, 497 Panchayats were established in the Pradesh upto the 31st March, 1959 i. e. 160 in Mahasu , 116 in Mandi, 73 in Sirmour, 40 in Bilaspur and 108 in Chamba District . There has been further increase in the number of Panchayats due to the re-organization of Panchayat Circles in Chini Tehsil of Mahasu District and Tehsils Chamba, Bhattiyat and Sub Tehsil Bharmour of Chamba District. The number of Gram Panchayat Circles in Sub Tehsil Pangi were increased from 4 to 10 and in the case of Churah Tehsil, the number of Panchayat Circles were increased from 25 to 39. The total number of Panchayat Circles were thus increased from 497 to 517. In 1958 Nyaya Panchayat Circles were established in Himachal Pradesh viz. 160 Nyaya Panchayat Circles in Mahasu District, 116 in Mandi District, 73 in Sirmour District, 40 in Bilaspur District and 79 in Chamba District. Thus the total Nyaya Panchayat Circles in the state were 468. Election of Panches to Nyaya Panchayats were completed all over the Pradesh except in Tehsil Churah and Sub Tehsil Pangi of Chamba District where re-organisation of Panchayat Circles was still incomplete. Election of Sarpanches and Naib Sarpanches had also been completed in most of the Nyaya Panchayat Circles. The financial position of Panchayats was not very sound as they had no source of income except the grant-in-aid given to them and the income accruing by way of local rate. Local rate used to levied at the rate of 20% of the Land Revenue and credited to the Tehsil Fund and further re- allocated by the Tehsil Panchayat amongst the constituent Gram Panchayats. The income on account of local rate was not sufficient to enable the Panchayats to meet their expenditure. It had, therefore, been the policy of the Administration to give Government grants to Panchayats for meeting their expenditure. II. Panchayati Raj Institutions in H.P. between 1947 and Balwant Rai Mehta Committee Report, 1957. Under the HP Panchayati Raj Act, 1952, the principle of election on adult suffrage was accepted and Gram Panchayats were established in whole of the Pradesh one in each Patwar-circle. Thus by 1954 the number of Panchayats came to be established 426 covering the total number of 13,606 villages in each of the four districts. Sr. Name of District Number of Panchayats Number of Villages No. covered. 1. Mahasu 152 3208 2. Mandi 116 4946 3. Chamba 85 4476 4. Sirmour 73 973 Total: 426 13606 It was significant that under the new Act, a three-tier Panchayati Raj System was introduced. There were 26 Tehsil Panchayats and three Zila Panchayats. The Tehsil as well as Zila Panchayats were established through indirect election. The Himachal Pradesh Panchayati Raj Act, 1952 was repealed when a new Panchayati Raj Act was passed in 1968 which provided a uniform statute for the old areas of Himachal Pradesh as well as those transferred areas where the Punjab Gram Panchayat Act, 1952 and the Punjab Panchayat Samitis and Zila Parishads Act, 1961 was in force. The Balwant Rai Mehta Committee Report had little impact on the Panchayati Raj Act of Himachal Pradesh, as three-tier institutions were already functioning in the State. The amended Act of 1968 too, does not lead us very far, so far as the Balwant Rai Mehta Committee report is concerned. It